Suspension of release of goods by customs authorities (Article 51) Pursuant to Article 436 of the Customs Code of the Republic of Kazakhstan, the customs bodies take measures to protect the rights in respect of objects of intellectual property, included in the customs registry of intellectual property, and objects of intellectual property included in the unified customs registry of intellectual property of the Member-states of the Customs Union, and those which are not included in these customs registers. According to Article 439 of the Customs Code of the Republic of Kazakhstan, the inclusion of objects of copyrights and related rights, trademarks, service marks and appellations of origin of goods (hereinafter - the intellectual property objects) into the customs registry of intellectual property is carried out by the authorized body in customs affairs at the request of the right holder. The right holder or other person representing the interests of right holder, who has sufficient justification to believe that movement of the goods across the customs border of the Customs Union may violate their rights to the intellectual property, is entitled to submit an application using the form approved by the authorized body in customs affairs requesting the protection of their intellectual property rights to the authorized body in customs affairs. Requirements for filing of application (Article 52) According to paragraph 3 Article 439 of the Customs Code of the Republic of Kazakhstan, the application shall contain the following information: 1) application to protect their intellectual property rights; 2) information about the applicant; 3) information, inter alia in electronic form, in respect of the relevant objects of intellectual property, the period during which the right holder requires the assistance of the customs bodies to protect his or her rights, and description of goods containing the objects of intellectual property, with indications of the product HS code on six digit level in accordance with the unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union, and detailed information about the goods from the right holder which enable the customs bodies to identify goods violating intellectual property rights; 4) obligation of the applicant on compensation of damages to the declarant and other persons, as well as the costs of customs bodies which may arise in connection with suspension of release of the goods containing objects of intellectual property, suspected to be the goods violating intellectual property rights - in cases, where these goods are proven as not violating intellectual property rights; 5) application shall be accompanied by documents (originals or notarized copies thereof) confirming the existence and ownership of the intellectual property right (certificate, license agreement, extract from the state register of trademarks of the Republic of Kazakhstan, certificate on the legal status of the trademark for international registration), power of attorney issued by the right holder to the person representing his/her interests and the insurance contract on liability of the applicant for causing harm to other persons. A description of distinguishing features of the goods violating intellectual property rights shall be submitted along with the application. If possible, samples of the goods containing the objects of intellectual property and goods violating intellectual property rights, including their electronic images, are also can be submitted. Pledge or equivalent guarantee (Article 53) According to paragraph 4 Article 439 of the Customs Code of the Republic of Kazakhstan, the application shall be accompanied with a range of documents including insurance contract protecting against civil liability of the applicant in cases of injury caused to third persons. The insured amount should not be less than 1,000 times the monthly calculation index established for the appropriate financial year by the law on the national budget. Requirements related to the duration of suspension (Article 55) According to Article 440 of the Customs Code of the Republic of Kazakhstan, if, in the course of carrying out of customs operations involving the goods containing the objects of intellectual property included in the customs registry of intellectual property, and the unified customs registry of intellectual property of the member-states of the Customs Union, the customs bodies detect the evidence of violation of intellectual property rights then the release of such goods shall be suspended for a period of ten business days. This period may be extended by the customs body upon request of the right holder or a person representing his or her interests but not more than for ten business days. The decision on suspension of release of goods and extension of suspension of release of goods shall be made in writing by the head of the customs body or his (her) authorized representative. Compensation for damage to the importer and the owner of the goods (Article 56) According to Article 442, the right holder is liable for property damage caused as a result of suspension of goods to the declarant, owner and consignee of the goods containing the objects of intellectual property if there is no violation found with respect to the rights of the right holder. Right for inspections and information (Article 57) According to paragraph 2 of Article 440 of the Customs Code of the Republic of Kazakhstan, the customs body, not later than one business day following the day of the decision on suspension of goods containing the objects of intellectual property, shall notify the declarant, right holder or their representatives of such suspension as well as the reasons and the period of the suspension. The customs body also informs the declarant of the last name, name, patronymic (if available) and the location (address) of the right holder and (or) a person, representing his or her interests, as well as informs the right holder and (or) a person, representing his or her interests of the name, last name, first name, patronymic (if available) and place of location (address) of the declarant.